Gabčíkovo-Nagymaros Project (Hungary/Slovakia) - Slovakia requests an additional Judgment

INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unofficial
forimmediate release

No. 98/28
3 September 1998

Gabcikovo-Nagymaros Project (Hungar:y!Siovakia)

Slovakia requests an additional Judgment

THE HAGUE, 3 September 1998. Slovakia today filed in the Registry of the International
Court of Justice (ICJ) a request for an additional Judgment in the case conceming
Gabëikovo-Nagymaros Project (Hungary/Slovakia) relating to the construction and operation
dams on the river Danube for the production of electricity, flood control and improvement of
navigation.

Such anadditionalJudgment isnecessary,accordingto Slovakia,because ofthe unwillingness
of Hungary to implementthe Judgment delivered by the Court inthat case on 25 September 1997.

In itsrequest:, Slovakia states that the Parties conducted a series of negotiations on
the modalities for executing the Court's Judgment and initialled a draft Framework Agreement,
which was approved by the Government of Slovakia on 10 March 1998. Slovakia, however,
contendsthat"on 5March 1998,Hungary postponed its approvaland, upon the accession ofits new
Govemment following the May elections, it has proceeded to disavow the draft Framework
Agreement and now further delays implementing the Judgment". Slovakia maintains that now
wants the Courtto determine the modalities for executing the Judgment.

As the basis fors request, Slovakia invoked Article 5 (3) of the Special Agreement signed
at Brussels on 7 April 1993 by itself and Hungary with a view to the joint submission of their
dispute to the Court.

• The full textf Article 5 reads as follows:

"(1) TheParties shaHaccept the Judgment ofthe Court as final and binding upon
them and shaHexecute it in its entirety and in good faith.

(2) Immediately after the transmissionthe Judgment the Parties shall enter
into negotiations the modalities for its execution.

(3) If they are unable to reach agreement within six months, either Party may
request the Court to render an additional Judgrnent to determine the modalities for
ex.ecutingits Judgment." ~
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Slovak:ia now asks the Court

"ta adjudge and declare:

1. That Hungary bears responsibility for the failure of the Parties so far to agree on

the modalities for executing the Judgment September 1997;

2. That in accordance with the Court's Judgment of25 September 1997, the obligation
of the Parties to take ali necessary measures to ensure the achievement of the
objectives of the Treaty of 16 September 1977 (by which they agreed to build
the Gabcikovo-NagymarosProject) applies to the whole geographicalea and
the whole range of relationships covered by that Treaty;

3. That, in arder to ensure compliance with the Court's Judgment of 25 September 1997,
and given that the 1977 Treaty remains in force and that the Parties must take ali

necessary measures to ensure the achievementhe objectives of that Treaty:

(a) With immediate effect, the two Parties shaH resume their negotiations in •ood
faith so asto expedite their agreement on the modalities for achieving
the objectives the Treaty of 16 September 1977;

(hl ln particular, Hungary is bound to appoint forthwith its Plenipotentiary as
required under Article 3 of the Treaty, and to utilize al1 mechanisms for joint
studies and cooperation established by the Treaty, and generally to conduct
its relations with Slovakia on the basis of the Treaty;

W The Parties shall proceed by way of a Framework Agreement leading to a Treaty
providing for any necessary amendments to the 1977 Treaty;

@ ln arder to achieve this result, the Parties shall conclude a binding Framework
Agreement not later than 1 January 1999;

W The Parties shall reach a final agreement on the necessary measures to ensure
the achievement of the objectives of the 1977 Treaty in a treaty to enter into
force by 30 June 2000;

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4. That, should the Parties fail to conclude a Framework Agreement or afinal agreement
by the dates specified at sub-paragr.ù.and !S)above:

W The 1977 Treaty must be complied with in accordance with its spirit and terms;
and

.(];ù Either party may request the Court to proceed with the allocationof
responsibility for any breaches of the Treaty and reparation for such breaches."

The request for an additional Judgment filed by Slovakia bas been transmitteto
the Govemment of Hungary. - 3 -

History of the dis_pute

On 2 July 1993, Hungary and Slovakia notified jointly to the Court a Special Agreement
signed on 7 April 1993 for the submission of certain issues arising out of differences regarding the
implementation and the tennination of the Budapest Treaty of 16 September 1977 on the
construction and operation of the Gabcikovo-Nagymaros barrage system.

In 1989, Hungary suspended and subsequently abandoned completion of the project alleging
that it entailed grave risks to the Hungarian environment and the water supply of Budapest.
Slovakia denied these allegations and insisted that Hungary carry out its treaty obligations.
lt planned and subsequently put into operation an alternative project only on Slovak territory, whose

operation bad effects on Hungary's access to the water of the Danube.

Hearings in the case were held between 3 March and 15 April 1997, the Court paying a site
visit (the first ever in its history) to the Gabcikovo-Nagymaros Project between those dates.

ln its Judgment of 25 September 1997, the Court found that both Hungary and Slovakia bad
breached their legal obligationslt called on both States to negotiate in good faith in arder
to ensure the achievement ofthe objectives of the 1977 Budapest Treaty, which it declared was still
in force, while taking account of the factual situation that bad developed since 1989.

Website of the Court: http://www.icj-cij.org

Information Office
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336)
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 2337)

E-mail address: [email protected]

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